Schweizer v. Tracy’s Empirical Analysis

Citation profile

1 federal appellate · 17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That case was a ease where a debtor had title to the property, and the controversy was between a prior purchaser from the debtor, who had not obtained possession of the property, and a subsequent attaching creditor; and in reference to such- a state of facts, the court says: ‘In case of two sales of personal property, both equally valid, his is the better right who first gets possession of the property, and the attaching creditor stands in the light of a purchaser and is to be protected as such.’ That is, the attaching creditor stands in the light of a purchaser, not necessarily as against the world, but as against another purchaser, the creditor having, by virtue of his attachment, first obtained possession of the property; thus acknowledging the common doctrine respecting the sale of personal property, that a sale without the delivery of possession, is void as against subsequent purchasers and creditors. This is the full import of that decision. But in the case at bar, the only title of the debtor is one acquired by fraud and false representations, and voidable at the option of bis vendors. The general expression used in the case cited is to be xinderstood with reference to the facts of that case, and is not authority in support of the view, that an attaching .creditor, under the circumstances of such a case as the present, as against the vendor, stands in the same position as an innocent purchaser for value.””

   1 later decision quote this exact passage · from the majority
   e.g. Constad v. Buell

2. ““Coming, then, to the conclusion which we do, that had Mack, Stadler & Co. discovered the fraud practiced upon them whilst the goods remained in the hands of the fraudulent vendee, and replevied them, they could have successfully maintained their action, the question is presented, whether the attaching creditors here, or thq sheriff, by virtue of his writ of attachment, acquired any other or greater title than the fraudulent vendee possessed. Had the vendee, before the reclaiming of the goods by Mack, Stadler & Co., sold them to an innocent purchaser for value, no doubt, under the decisions of this court, the purchaser would have acquired a valid title to the goods” — citing Jennings v. Gage et al., 13 Ill. 610 , 56 Am. Dec. 476 ; M. C. R. R. Co. v. Phillips et al., 60 Ill. 190 ; Young et al. v. Bradley et al., 68 Ill. 553 .”

   1 later decision quote this exact passage · from the majority
   e.g. Constad v. Buell